Commonwealth v. Henderson

Decided November 28, 1885

Massachusetts Supreme Judicial Court · decided 1885-11-28

Complaint to the Municipal Court of Boston, alleging that the defendant, on September 5, 1885, at Boston, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth, he not having any license, authority, or appointment, according to law, then and there to expose, keep for sale, or sell said liquors. In the Superior Court, the defendant filed a motion to quash the complaint, on the ground that it was insufficient.

Relies on Commonwealth v. Atkins

Good law ✅— No negative treatment on recordhow we know

Decided 1885-11-28

How this case has been cited

Cited by 9 later decisions — most recently November 1925

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court.

¶1The complaint is sufficient, and the motion to quash was rightly overruled. It is immaterial whether the proceedings of the officer in serving the search-warrant were regular and lawful or not, and the instructions requested on this subject were properly refused.

¶2It is immaterial whether the liquors which the defendant kept for sale were exposed or concealed, and the instructions requested upon the meaning of the word “exposed” were properly refused. Commonwealth v. Atkins, 136 Mass. 160.

¶3We can see no ground for contending that the evidence admitted was incompetent, or that the instructions given were erroneous.

¶4Exceptions overruled.